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People. Vs. Sabandal.

THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. JOSE SABANDAL, defendant-appellant.

G.R. No. L-31129 | 1971-09-30

D E C I S I O N


FERNANDO, J:

For a life needlessly lost, that of Claudio Oliveros, in a senseless encounter, appellant Jose Sabandal and Rosalio Saluper were prosecuted for murder, the killing being qualified by treachery. Only appellant, who fired the fatal shot, was convicted of such an offense; the other accused, who did not appeal, being held liable only for the offense of slight physical injuries inflicted on the aggrieved party, no conspiracy having been shown. Appellant would impress on this Court that the judgment should have been, one of acquittal, as the shooting was the result of his having acted in the fulfillment of a duty...